Heads of representative offices under Decree 07/2016/ND-CP of Vietnam

Heads of representative offices under Article 33, Decree 07/2016/ND-CP of Vietnam as follows:

Article 33. Heads of representative offices, branches

1. Heads of representative offices, branches shall be responsible before foreign businesses on their operation and representative offices, branches within their scope;

2. Heads of representative offices, branches shall take responsible for their operation if performing activities beyond their scope;

3. Heads of representative offices, branches must authorize another person in writing to perform rights and obligations of the head of representative offices, branches according to the law when they leave Vietnam. The authorization must be approved by foreign businesses. Heads of representative offices, branches shall be responsible for the implementation of rights and obligations authorized.

4. If the authorization is expired according to Clause 3 of this Article, heads of representative offices, branches haven’t returned Vietnam yet and don’t have another authorization, authorized persons shall continue to perform rights and obligations of the head of representative offices, branches until heads of representative offices, branches are back to work or until foreign businesses nominate another person to act as the head of representative offices, branches;

5. If the head of representative offices, branches are not present in Vietnam longer than 30 days without authorization to another person to perform rights and obligations of the head of representative offices, branches or passes away, gets lost, be sentenced, foreign businesses shall nominate another person to be the head of representative offices, branches.

6. Head of representative offices of foreign businesses cannot concurrently do the following jobs:

a) Head of branches of the same foreign business;

b) Head of branches of another foreign business;

c) Legal representative of that foreign business or another foreign business;

d) Legal representative of economic organizations established under the law of Vietnam.

7. If heads of representative offices are authorized to sign and modify contracts, the authorization must be in writing for each time of signing, modifying the contract.

8. Heads of branches of foreign businesses cannot concurrently do the following jobs:

a) Head of representative offices for another foreign businesses;

b) Head of representative offices for the same foreign businesses;

c) Legal representative of economic organizations established under the law of Vietnam.

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